The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1887-11-06
WHO WILL 1T BE?
eontlp,ea from PAGE Eight

the rents, issues ana proa thereof, and
falsely and wrougfully clzim the right to
sell, use and dispose or ;he same.
Ienth.-I1vt since the 18th Gay OF FeDru-
airy, 1887, there has been and is no person
lawfully an horned t. take charge OF, Il an
age, preserve or control the property, real
and personal, which ON or before the day
and year last sforesaid was. held, owned
possessed and. used by the corporation OF
The Church OF Jesus Christ OF Latter day
Saints, ana by reason Thereof all the said
propert rs referred to in the third para
graph OF this bill is subject TO irreparable
and irremed:a lie loss and destruction.
The reason for the statementof facts
III terms so general are sufficiently APP
parent.
When the corporation was dissolved
its officers and ageots no longer had
any legal ri h. to the possession OF its
property, TO its use, to the rents and
profit Ia red
It fujtapi 2ryears from the ailega-
tiOns OF he o.. thst the respondents
are rectl sIu- a.,I agpi ing 10 their own
use the ...rt- Al or fi's If ths prop.
erty, aLd cIsi-nILg the righ; TO sell, use
and dispose of it.
Assuming the facts ~ be Is alleged in
the Dill, portion Of the property must
be forfeited aud mG>t escheat to the
United States to &c applied to the use
and benefit ui the common schools of
the Territory Gt Utah
The modern Euglish practice allow
ing the aDpOju- ns Of q receiver De
fore answer III cases OF emergency was
adopted by ia English Court OF Chan
Gerry, and has been generally followed
IL this country. And it may now De
regarded as the uniform and welI-es
tsblishe0 practice to entertain the ap-
pIicaJion and TO grant the relief before
answer where plaintiff can satisfy the
court that h. mas an equitable claim 70
the property in controversy, and that
receiver Is necessary to preserve 1t from
loss, Or where q clear case IS shown of
fraud and imminent danger unless the
relief IS granted" High on Receivers,
I'd. Ed, los.
In ali such cases a court of equity
necessarily exercises a large discretion
as TO whether il will or will not take
possession OF the property by its re
oeiver. mi Jhis discretion is governed
by q consideration OF all the circum-
stances % tbe case. 1t is, therefore,
difficult 20 establish any fixed rule in
such cases, although 1t may be said
generally that if the case as presented
when the application for a receiver is
clearly ~ favor OF plaintiff, indicating
fns recovery, the risk Of injury to
defendant Is very small, and the Court
does not hesitare to interfere. ii there
be NOR doubt as % plaintiff right, there
is Of course more difficulty in passing
upon the application, the question
being Of one degree, as 10 which il is
impossible to lay down any precise
rule I'D g. IS. Also note l, under this
secEon.) Where, indeed, the property
Is as is were In medic, in the enjoyment
OF no one. the Court can hardly do
wroEg in taking posses ion. 1t is the
common interest of ali parties that the
court should prevent scram ble''-(A as
to the general doctrine 10 the same effect
is Kerr on Receivers, /, 3, 4, and 81.
We are of the opinion that the facts
alleged in the bill are sufficient to
authorile the appointment of a receiver
according to the prayer.
4 further question arises upon the
stiPu alton OF facts upon which the
motion is submitted; whether these
facts are sufficient 10 authorize the ap-
pointment of q receiver.
Among the facts contained in the
stipulation OF which this motion is sub
mitted are the following:
On the 2sth day OF February. 1857, John
Taylor, who was then Trustee-in-Trust for
lut OuuICA u Jesus CllTtSL Nl LSlbSI-OdN
Saints, held in trust certain personal prop
erty goods and chattels of the aggregate |
value DISCS, 9e2 391a, which it is Claimed by |
the defendants and denied by the plaintiff |
had Their tot IRE been contributed by the |
individual members OF said church for the |
purpose of building temples, and for other |
charitable and religious purposes. On said |
last-named date the said John Taylor, as /
Trustee-in-TruSt. executed an instrumen in |
writing, g copy of which is hereto attached |
and made part hereof, marked Exhibit "a T." |
That il pursuance of the provisions of the !
instrument aforesaid, certain property of |
the value approximately as set out below |
was delivered to the following-named &C. |
clesiastical church corporations created and !
exist, ng under the laws of the Territory of |
Utah:
To the Church Association of
Cache Stake of Zion. 80. IS As, 10000 |
To the Church association of Box |
Elder sake OF Zion ........... 16,745.1S |
To the GhdFs.h Association of
Weber stek. i Zion -. 11,4SO O5
To the Church Association of
Morgan st Ike of Zion ......... 2,7I6.57
To the Church A ISOLATION of
Summit Stake of Zion ....... 3l5320
To the Church Association OF
WaSatch Sake of Zion ......- GOA 80
To the Church Association of
Salt Lake Stake of Zion ....... 81, 702.7O
Toqele STAKE Of Zion -. 4,5el1O}l
To the church Association OF
Juabs 5 AXE of Ziou........... $4,000
To the church Ass citation of
Utah Stake of Zion ............. %, 10000
To the Church Association of
Sanpete Stake of Zion. ......... 6,992.l3
To the Church Association of
Sewer ) axe OfZiOn ........... 15,445.50
TO the Church Ass 'Ciation of
Willard St~ke oil Zion ........ I4,0S3S
To the Church Association of
- Beaver stake Of ZIon.......... 6,980.36
ATO the Churcn Association of
Panguitch stake of Zion. 49,. s,I37.50
To the Church association of
ST George Stake of Zion ......- 2S,63S4I
To the Church Association of
Kanab Stake of Zion .......... SIS, R65.77
Total. s26S. 9S2 3915
The members OF the said Stake Corpora
tons are members OF the church Of Jesus
Christ OF L tter-day -aiu'S, ana il is claimed
by the defendants and denied by plaintiffs
that they wore subst ,ntiaily the original /
donors o said property in their respective !
stakes
The Church Of Jesus Christ of Latter-day